BDN, LLC - 031218
Board of Commissioners
BDN, LLC - 031218
3/15/2018 10:54:00 AM
3/13/2018 9:22:56 AM
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TOLLING AGREEMENT <br />This Tolling Agreement (the "Agreement") is entered into as of the 28th day of February, <br />2018, by and between BDN, LLC, a Washington Limited Liability Company ("BDN"), and <br />Jefferson County, a Washington Municipal Corporation ("the County"), on the other hand. <br />BDN and Jefferson are collectively the "Parties" and individually a "Party." <br />WHEREAS, beginning on or about April 21, 2017, and continually thereafter, BDN claims that <br />it has been damaged by the acts or omissions of the County, acting through its Department of <br />Community Development, as more fully detailed in the Washington State Tort Claims Form <br />("the Claim") that was served on the County on January 10, 2018, and which is attached hereto <br />as Exhibit A, and incorporated herein by this reference, and <br />WHEREAS, the County denies the claims and allegations of BDN as set forth in the Claim, <br />and <br />WHEREAS, BDN desires to apply for County conditional use permits which potentially could <br />eliminate or obviate the losses and damages claimed by BDN in the Claim, and <br />WHEREAS, the Parties are hopeful that a resolution of the disputes between the Parties can be <br />resolved through the process of applying for such conditional use permits, instead of through <br />the initiation of litigation by BDN based on the Claim, and <br />WHEREAS, the initiation of litigation by BDN based on the assertions contained in the Claim <br />is subject to various Statutes of Limitation, and other time -based bars and defenses under <br />applicable state and federal laws and regulations, and <br />WHEREAS, the Parties intend to toll the running of such time -based bars and defenses during <br />the period from the effective date of this Agreement through it termination as provided below, <br />NOW, THEREFORE, in consideration of the promises and representations contained herein, <br />the sufficiency of which are hereby acknowledged, the Parties agree as follows: <br />1. The period between the date of this Agreement and the effective date of <br />termination of this Agreement as provided below (the "Tolling Period") shall not be included <br />in determining the applicability of any time -based bars including, but not limited to statutes of <br />limitations and statutes of repose, in any action or proceeding arising from or related to the <br />Claim. Any statute of limitations, statute of repose, or other time -based bar for bringing such <br />action or proceeding shall be tolled entirely during the Tolling Period. <br />2. This Agreement may be terminated by either parry effective upon seven days <br />written notice to the other party. Such written notice shall be given by Certified Mail, return <br />receipt requested, addressed to the Parties as follows: <br />TOLLING AGREEMENT - <br />
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